May 2025

Pre-hire health screening can avoid comp claims, subject to legal pitfalls

At the Risk & Insurance Management Society’s annual Riskworld conference, Deborah Lechner, President of ErgoScience Inc., warned employers about the legal pitfalls of pre- and post-offer physical ability testing. While such screenings can help reduce workplace injuries and control workers’ compensation costs, Lechner stressed that they must comply with both state laws and EEOC regulations.

Key risks include:

• Asking inappropriate health or genetic questions

• Inconsistent testing among candidates

• Using overly broad or irrelevant physical tests

• Making hiring decisions based on post-offer medical data

Lechner emphasized the importance of detailed job descriptions and consistent, validated testing protocols to ensure legal defensibility. Employers are advised to confirm that any vendor conducting screenings has research supporting the test’s validity and reliability.

If you or a loved one has been impacted by an injury on the job, know that you’re not alone. The experienced attorneys at McIntyre, Donohue, Accardi, Salmonson, & Riordan, LLP are here to advocate for your rights and ensure you receive the protection and compensation you deserve.

Call us today for a free consultation: 866.557.7500.

The law firm with tradition, we stand by your side!

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Louise Esola • Business Insurance – “Pre-hire health screening can avoid comp claims, subject to legal pitfalls”

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